Actions on the case for negligence

Abstract

This chapter shows how actions on the case were used to obtain compensation for various forms of harm caused by negligence even when there was no undertaking to use care. Early examples were those brought on ‘the custom of the realm’ against innkeepers and those who failed to control domestic fires. The arguments over what defences could be pleaded in such actions show that liability was generally strict. Although a later custom of the realm was invented for use against carriers, it was not necessary to formulate more customs, since a custom prevailing throughout the realm was common law. Miscellaneous examples are found of actions for negligence per se, for instance in respect of accidents arising from hazards in public places, and these were eventually seen as representing a general principle of common law that everyone should take reasonable care not to injure his neighbour.